GOKULBAI Vs. LAXMINARAYAN

JUDGEMENT

(1.) THIS is an appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 30-7-1988 passed by the Additional Judge to the Court of District Judge, Sehore, in Civil Suit No. 5-A of 1986.

(2.) A suit was filed by the respondent/plaintiff under Section 9 of the Hindu Marriage Act for restitution of conjugal rights against his wife appellant No. 1 Smt. Gokulbai. The other appellants were also joined as defendants.

(3.) THE case of the respondent is that he married appellant No. 1 Smt. Gokulbai in the Natra form of marriage about 7 years before the date of filing of the suit. He had paid Rs. 4000/- and given eight ornaments for the same to the appellants 2 and 3. The marriage was consumated and one son was also born out of the wedlock. The appellant No. 1 resided with the respondent for some years. But on account of search warrant got issued by the appellants 2 and 3 from the Sub Divisional Magistrate, Ashta, the custody of the appellant No. 1 was handed over to the appellants 2 and 3 on 31-8-1985. Since then, she is residingwith her parents.